Only one perspective has been presented in public regarding the case of the Iraqi family
Not all facts that influenced the matter have been presented in the case of the Iraqi family featured in the media. The media has quoted the decision only in parts, which has led to a one-sided picture of the case.
Because of this, the Finnish Immigration Service wants to correct some misunderstandings that have occurred in the media, as far as this is possible without commenting on confidential details. These types of cases are not unique.
Residence permits on the basis of family ties: Income requirement implemented for new families since 2010
The Finnish Immigration Service makes its decisions according to existing law.
If the family existed already when one of the family members came to Finland, the family is considered to be an old family according to the Aliens Act. The income requirement does not yet apply to such families. According to the government bill currently being reviewed by the parliament, an old family with refugee status would have three months to apply for family reunification without an income requirement.
If a person who has received asylum in Finland has travelled to his or her home country, and married and started a family there, the family is considered to be a new family according to the Aliens Act. Since 2010, the income requirement has been applied to new families when applying for a residence permit. For example, a family consisting of two adults and two children has to have a total income of 2,600 euros per month. Usually the income comes from employment, business activities or other assets. Some social benefits are considered to be income. The income requirement is not realised if the persons, based on the received account, are presumed to become dependent on income support or some other benefit in Finland.
An application for a residence permit on the basis of family ties should always be made abroad before coming to Finland. Article 8 of the European Convention on Human Rights on the right to respect for family life does not protect all personal decisions, such as choice of residence, if the family has been started with the knowledge that getting a residence permit is uncertain.
Applications for asylum: The security situation varies greatly in Iraq
A person can be granted asylum or other international protection on individual grounds only. A person cannot be granted international protection just because he or she comes from a specific country or region. The security situation varies greatly within Iraq. There are no general security threats in, for example, the autonomous Kurdish region in the north of Iraq. There, the situation is stable. Financial reasons are also not grounds for international protection.
It is always possible to apply for asylum. The Finnish Immigration Service then examines the applicant’s individual grounds for international protection.
If the applicant does not meet the requirements for international protection, a residence permit on compassionate grounds may be considered (Section 52 of the Aliens Act). From a human perspective, many asylum seekers surely feel that they should be allowed to stay in Finland. However, the compassionate grounds described in the Aliens Act have a different meaning in everyday language. The threshold for granting a permit on compassionate grounds is very high. For example, financial reasons or reasons related to health care or a mere wish to remain in Finland are not enough on their own.
The Supreme Administrative Court has resolved similar cases and stated that if the applicant has received a negative decision on family reunification, an application for asylum cannot override this negative decision.
If a person travels to and resides in his or her home country after he or she has received refugee status, there are grounds to consider the withdrawal of the refugee status as this may mean that the person no longer has reason to fear persecution.
Best interest of the child: It is in the best interest of a young child to be with his or her parents
The best interest of the child is always taken into account when making a decision. It may be in the best interest of the child to remain in Finland, if he or she already has strong ties to Finnish society, for example if the child goes to a school here. If the child is very young, it is usually in his or her best interest to be together with his or her parents. If it has been evaluated, in regard to the mother, that there are no grounds for international protection and that she can safely be returned to her home country, it is in the best interest of the child to join her.
When a baby is born after the mother has received the asylum decision, the baby may be refused entry alongside the mother. The Supreme Administrative Court has confirmed the decisions of the Finnish Immigration Service in several cases.
An account to be given to the Minister today
The Finnish Immigration Service will on Monday give an account to the Minister of the Interior concerning the case of the Iraqi family featured in the media.
The aim of the account is to describe the background and processing of the case so the Minister can evaluate if the Finnish Immigration Service has acted according to law. The validity of the decision practices of the Finnish Immigration Service are primarily steered by the courts. The case featured in the media has been considered by the Administrative Court and the Supreme Administrative Court and the courts have confirmed the decisions of the Finnish Immigration Service as far as they have decided on the matter.
The account to the Minister includes the applicants’ personal information and can therefore not be published.
Cases featured in the media do not receive any special treatment but are processed according to the same principles as all other cases.
Further information for the media
Hanna Helinko, Director of Legal Service and Country Information Unit, tel. +358 295 430 431, firstname.lastname@migri.fi
